Mathew H. Hilbing

The court considered a motion by the plaintiff to strike portions of the defendant’s statement of defence and counterclaim in a property dispute.

The court found that much of the defendant’s pleading was irrelevant, scandalous, or pleaded evidence rather than material facts, and that it amounted to an abuse of process.

The court struck numerous paragraphs and ordered the defendant to serve and file a fresh, compliant pleading, with the process to be supervised by the court.

The plaintiff, D.H. Anderson Investments Inc., sought an interim and permanent injunction to remove the defendant, Wilma Castanares, from its property and to strike portions of her statement of defence and counterclaim.

The court granted the injunction, finding that the plaintiff had a strong prima facie case for ownership, that irreparable harm would result if relief was not granted, and that the balance of convenience favoured the plaintiff.

The court found no evidence of a gift or constructive trust in favour of the defendant and held that her occupation of the property was insufficient to establish any legal or beneficial interest.

The defendants brought a motion for directions after adjourning the examination for discovery of the plaintiff, Valentina Medvedeva.

The day before the scheduled examination, the plaintiffs served a lengthy affidavit intended to serve as Valentina's evidence in chief.

The defendants objected, arguing this would allow the plaintiffs to control the narrative and avoid a proper oral discovery.

The court agreed with the defendants, finding that under Rule 31.02, the examining party controls the form of discovery, and oral examinations are the standard.

The court ordered that Valentina submit to a standard oral examination for discovery without the use of the affidavit.

The appellant appealed a final order from the Superior Court of Justice (Family Court) that determined issues of property division and child and spousal support.

The appellant raised five grounds of appeal: lack of jurisdiction to grant summary judgment when a divorce claim was present, improper treatment of the matrimonial home, unfair division of household contents, mathematical errors in calculating net family property, and allegations of judicial bias.

The Court of Appeal dismissed all grounds of appeal, finding that the motion judge properly severed the divorce claim under the Family Law Rules, made no error regarding the matrimonial home, fairly divided the household contents, and appropriately addressed mathematical errors through a subsequent motion.

The court rejected unsubstantiated allegations of judicial bias.

The applicant father obtained an ex parte order for custody and the return of the children after the respondent mother moved with them to New Brunswick without his consent.

The mother brought a motion to set aside the ex parte order and for permission to relocate to New Brunswick on an interim basis.

The court set aside the ex parte order due to the father's failure to disclose material facts, specifically emails indicating the mother's intended moving date and location.

However, the court dismissed the mother's motion to relocate, finding that custody was not a foregone conclusion and a move prior to trial was not in the children's best interests.

The court ordered temporary shared custody with the parents rotating in and out of the matrimonial home.